Southern Ocean Exploration
Search and Diving Operations
General Liability Release and Express Assumption of Risk
Please read carefully and fill in all blanks before signing. I, __________________________________________, hereby affirm that I am aware that scuba and technical diving have inherent risks, which may result in serious injury or death. I understand that diving with compressed air, oxygen and helium mixtures involves certain inherent risks such as decompression sickness, embolism or other hyperbaric injuries that require treatment in a recompression chamber. I further understand that the expedition, search and diving trips may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with the expedition, search and diving in spite of the possible absence of a recompression chamber in proximity to the dive site. I understand and agree that the Team Members and Southern Ocean Exploration (hereinafter referred to as “Released Parties”) may not be held liable or responsible in any way for any injury, death, or other damages to me, my family, estate, or heirs that may occur as a result of my participation in the expedition, search and diving activity or as a result of the negligence of any party, including the Released Parties, whether passive or active. In consideration of being allowed to participate in the expedition, search and diving activity, I hereby personally assume all risks of the expedition and diving activity, whether foreseen or unforeseen, that may befall me while I am a participant in the expedition, search and diving activity. I further release, exempt and hold harmless the Released Parties from any claim or lawsuit by me, my family, estate, or heirs arising out of my participation in this expedition, search and diving activity, including both claims arising during or after the expedition, search and diving activity. I also understand that participating in boating activities, scuba and technical diving are physically strenuous activities and that I will be exerting myself during the expedition, search and diving activity, and that if I am injured as a result of a heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same. I further state that I am of lawful age and legally competent to sign this liability release. I understand the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein. I, ___________________________________________ BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE THE TEAM MEMBERS AND SOUTHERN OCEAN EXPLORATION FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS. ____________________________________________ Participant’s Signature Date (Day/Month/Year)
14 July 2005